Abstract

http://ssrn.com/abstract=1556683
 
 

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The Growing Consumer Exposure to Nanotechnology in Everyday Products: Regulating Innovative Technologies in Light of Lessons from the Past


Katharine A. Van Tassel


University of Akron, School of Law

Rose Goldman


Harvard School of Public Health

March 15, 2011

Connecticut Law Review, Vol. 44, No. 2, 2011

Abstract:     
Consumers in the United States are being exposed to steadily increasing levels of novel and untested substances as a result of their contact with consumer products containing nanoparticles. Hundreds of nanotech consumer products are being marketed for human consumption, including food, dietary supplements, cosmetics and sunscreens. The majority of these products do not list their nanotech content on the product label. This expanding market ignores the growing scientific understanding that nanoparticles can create unintended human health and environmental risks.

This Article discusses the public health, regulatory, legal and ethical issues raised by the developing appreciation of the health risks associated with nanotech products and is arranged as follows. After the Introduction, this Article describes the present scientific understanding of the health risks associated with the consumption of nanoparticles. Next, a summary of the existing FDA regulatory structure that governs food, dietary supplements, cosmetics and sunscreens is provided along with an explanation of why these regulations fail to protect public health when applied to regulate the nanotech versions of these products. The Article goes on to illustrate how the FDA’s dated position on bioequivalence, coupled with preexisting regulations, lead to a lack of a labeling requirement which bars a consumer from engaging in self-protection. Compounding this situation, if a consumer is injured from this unavoidable exposure, this Article spells out how the insensitivity of the tort system to injuries from innovative technologies means that an injury from a nanotech product will be borne by the consumer and not the manufacturers who are reaping the profit from product sales. Finally, this Article proposes alternative methods of regulating nanotech products that better protect public health while encouraging technical innovation. These proposals are based on lessons learned from past introductions of new chemicals and innovative technologies such as asbestos, PCBs, DES, Thalidomide, medical X-rays and Benzene that all had serious, long-term public health consequences.

Number of Pages in PDF File: 50

Keywords: Nanotechnology, Innovative Technology, Public Health, Food And Drug Law, Health Law, Product Liability, Tort, Regulation, Social Policy

JEL Classification: I10, I18, O31, K23, K32, I11, I10, I12, I00, I31

Accepted Paper Series





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Date posted: February 22, 2010 ; Last revised: January 9, 2014

Suggested Citation

Van Tassel, Katharine A. and Goldman, Rose, The Growing Consumer Exposure to Nanotechnology in Everyday Products: Regulating Innovative Technologies in Light of Lessons from the Past (March 15, 2011). Connecticut Law Review, Vol. 44, No. 2, 2011. Available at SSRN: http://ssrn.com/abstract=1556683

Contact Information

Katharine A. Van Tassel (Contact Author)
University of Akron, School of Law ( email )
150 University Ave.
Akron, OH 44325-2901
United States
Rose Goldman
Harvard School of Public Health ( email )
677 Huntington Avenue
Boston, MA 02115
United States
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